"Sectarianism in the Muslim community led to registration of this crime also could not be found even remotely, as no convincing evidence forthcoming in this
read more"Once part of the endorsement was accepted, there cannot be rejection of remaining part of the endorsement, particularly when the signatures were admitted and the
read more"Non-examination of the Investigating Officer is not fatal to the prosecution case if the eyewitnesses are credible, trustworthy, and of 'sterling quality' and if ocular
read more"Existence of public purpose and the existence of public interest are therefore distinct concepts. Public purpose justifies acquisition; public interest under Section 10A must justify
read more"This filing of the suit would also indicate that there was a relationship between the parties pursuant to the sale agreement... which had become litigatious
read more"An officer would not permit any money to be placed on his table, if he has not demanded the same or if the money was
read more"Rule 4.4(3)(b) does not presuppose any conviction, rather, it incorporates a specific stipulation that conviction is not mandatory. In that event, the definition of ‘habitual offender’ as
read more"An Authorised Dealer acting under Section 10(5) is neither expected nor permitted to function mechanically. Rather, it is required to undertake an independent assessment of the
read more"If the document merely records a past completed transaction of partition, registration is not compulsory. The substance of the document is the decisive factor and
read more"Unduly long incarceration without trial may, in appropriate cases, outweigh the requirement to fulfil the rigors of Section 45 of the PML Act when tested
read more"Review application preferred on behalf of the respondent was an appeal in disguise whereby the same arguments, which had been rejected by learned Predecessor, were
read more"Since the consequences are drastic, and a stigma gets attached to the person removed from office of the society, strict compliance with statutory provisions would become
read more"Inadequate reply under Section 313 cannot be the foundation for convicting the accused. It is the bounden duty of the prosecution to prove beyond reasonable
read more"Evidently, the Appellate Authority under the aforesaid Policy is not a Court but a persona designata. Since the Appellate Authority under the policy is
read more"Foundational trigger for Section 319 must be the evidence produced on oath in the trial itself. To the understanding of this Court Section 164 is
read more"After a direction for investigation been issued by the Criminal Court in terms of Section 156(3), Cr.P.C., it does not become functus officio so as to keep on
read more"The interim order cannot, by interpretative expansion, be converted into a blanket embargo against exercise of statutory powers under criminal law," High Court for the State of
read more"Responsibility rests entirely with the State and its officers, who were under a clear and non-negotiable legal duty to act promptly and effectively. Every officer who
read more"It is trite that mere production of a registered Adoption Deed would not, by itself, conducively establish the factum of adoption nor automatically attract the
read more"It is also well settled under Section 92 of the Indian Evidence Act, 1872 that oral statements cannot be accepted as modifying the terms of a
read more"Every year of delay meant a year of lost seniority, lost emoluments, and lost dignity for these women. The human cost of institutional non-compliance
read more"Non-maintenance of record is springboard for commission of offence of foeticide, not just a clerical error," Supreme Court, in a significant ruling, held that the maintenance of
read more"Infraction of Rule 3 in our opinion thus, cannot render the entire recruitment process illegal which does not otherwise suffer from any fundamental error or
read more"Disciplinary authority, therefore, in our opinion acted illegally and without jurisdiction in imposing both minor and major penalties by the same order. Such a course
read more"Justice delivery system cannot treat the child as a mere evidentiary object subjected to repeated forensic or psychological scrutiny at the instance of contesting litigants.
read more"The application of law, especially when it comes to inter family disputes is not akin to enforcing the black letter of the law but calls
read more"State cannot deny or defer a claim for compassionate appointment by invoking a provision which, on a proper reading of the rules, applies only to
read more"The 'homemakers', to put it directly, actually are the 'nation builders' and they ought to be recognised as such," Supreme Court, in a landmark judgment
read more"In other words, the motor vehicle itself does not play an active role in the accident. It is not part of the proximate cause of
read more"If an accused is in jail past 9 years, as an under-trial prisoner, then he deserves to be released on bail because its a right
read more"Where the question of pursuing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to clause (1) of Article 226, the doctrine
read more"The failure to repay without being informed of an extension being granted to the auction purchaser, by itself, cannot validate proceedings that are otherwise vitiated
read more"A mechanical application of the law laid down in Sajjan Singh would render these integral components of a just and fair criminal justice delivery
read more"A suitor having himself chosen the forum convenient to the respondents, application of the doctrine of forum non conveniens could be self-defeating and likely to deny access
read more"Where a person can be dealt with under ordinary laws of the land, invocation of the power under preventive detention laws is not warranted in
read more"In cases where the matrimonial relationship comes to an end by a decree of divorce, the criminal prosecution emanating from that past relationship between the parties
read more"Entrustment is not a matter of presumption, but a foundational jurisdictional fact which the prosecution is bound to establish affirmatively and beyond reasonable doubt," Supreme
read more"In conclusion, it is indeed a sad state of affairs that babies are traded like chattels and are abandoned for diverse reasons. The existing framework
read more"At the stage of considering the plea for suspension of sentence of life imprisonment, the Appellate Court should ordinarily remain loath and circumspect. The Appellate
read more"For a conviction under Section 306 of the IPC, it is a well-established legal principle that the presence of clear mens rea—the intention to abet
read more"Sectarianism in the Muslim community led to registration of this crime also could not be found even remotely, as no convincing evidence forthcoming in this
read more"Once part of the endorsement was accepted, there cannot be rejection of remaining part of the endorsement, particularly when the signatures were admitted and the
read more"Non-examination of the Investigating Officer is not fatal to the prosecution case if the eyewitnesses are credible, trustworthy, and of 'sterling quality' and if ocular
read more"Existence of public purpose and the existence of public interest are therefore distinct concepts. Public purpose justifies acquisition; public interest under Section 10A must justify
read more"This filing of the suit would also indicate that there was a relationship between the parties pursuant to the sale agreement... which had become litigatious
read more"An officer would not permit any money to be placed on his table, if he has not demanded the same or if the money was
read more"Rule 4.4(3)(b) does not presuppose any conviction, rather, it incorporates a specific stipulation that conviction is not mandatory. In that event, the definition of ‘habitual offender’ as
read more"An Authorised Dealer acting under Section 10(5) is neither expected nor permitted to function mechanically. Rather, it is required to undertake an independent assessment of the
read more"If the document merely records a past completed transaction of partition, registration is not compulsory. The substance of the document is the decisive factor and
read more"Unduly long incarceration without trial may, in appropriate cases, outweigh the requirement to fulfil the rigors of Section 45 of the PML Act when tested
read more"Review application preferred on behalf of the respondent was an appeal in disguise whereby the same arguments, which had been rejected by learned Predecessor, were
read more"Since the consequences are drastic, and a stigma gets attached to the person removed from office of the society, strict compliance with statutory provisions would become
read more"Inadequate reply under Section 313 cannot be the foundation for convicting the accused. It is the bounden duty of the prosecution to prove beyond reasonable
read more"Evidently, the Appellate Authority under the aforesaid Policy is not a Court but a persona designata. Since the Appellate Authority under the policy is
read more"Foundational trigger for Section 319 must be the evidence produced on oath in the trial itself. To the understanding of this Court Section 164 is
read more"After a direction for investigation been issued by the Criminal Court in terms of Section 156(3), Cr.P.C., it does not become functus officio so as to keep on
read more"The interim order cannot, by interpretative expansion, be converted into a blanket embargo against exercise of statutory powers under criminal law," High Court for the State of
read more"Responsibility rests entirely with the State and its officers, who were under a clear and non-negotiable legal duty to act promptly and effectively. Every officer who
read more"It is trite that mere production of a registered Adoption Deed would not, by itself, conducively establish the factum of adoption nor automatically attract the
read more"It is also well settled under Section 92 of the Indian Evidence Act, 1872 that oral statements cannot be accepted as modifying the terms of a
read moreIn the contemporary landscape of the Indian criminal justice system, DNA profiling has transitioned from a "novelty" to the "gold standard" of forensic evidence. However, for
read morePossession is the law’s most practical concept. Before a court reaches the higher question—“who is the owner?”—it often asks the simpler, urgent question—“who is in possession, and
read moreAppreciating evidence in civil litigation requires adherence to strict principles under the Indian Evidence Act, the Code of Civil Procedure (CPC), and binding judicial precedents. Courts
read moreIn the world of law, the doctrine of Res Judicata serves as a cornerstone for upholding judicial efficiency and finality. Res judicata, meaning "a matter already judged,"
read more"Copyright law, a delicate balance of protecting creativity while fostering innovation." – Indian Judiciary- Introduction: Safeguarding Creativity Through the Copyright Act
In a world
read moreIn the Indian legal system, judgments play a crucial role in shaping jurisprudence and guiding future cases. These judgments can be classified into two primary categories: reportable and non-reportable.
read more